TPS Extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan
The Department of Homeland Security has announced that Temporary Protected Status (TPS) will be automatically extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan, through December 31, 2022. To obtain a new EAD with an expiration date of Dec. 31, 2022, TPS beneficiaries must file Form I-765, Application for Employment Authorization.
Need help figuring out your immigration options? Contact us today at theteam@huwelaw.com or 415-496-9040.
USCIS Creates New Webpage for Lockbox Filing Location Updates
USCIS has created a new Lockbox Filing Location Updates page on their website to provide updates they make to lockbox filing locations, where immigration applications are mailed.
USCIS has created a new Lockbox Filing Location Updates page on their website to provide updates they make to lockbox filing locations, where immigration applications are mailed. The filing locations are periodically adjusted to balance incoming workload for timely processing. That means that even if your application was mailed to one location, it could end up being processed in a different one.
Contact us today at theteam@huwelaw.com or 415-548-7067 for assistance with a green card or employment-based visa application.
DACA in Limbo Again
Last week, a district court in Texas ruled that the DACA (Deferred Action for Childhood Arrivals) program was unlawfully created, in violation of the Administrative Procedures Act.
Last week, a district court in Texas ruled that the DACA (Deferred Action for Childhood Arrivals) program was unlawfully created, in violation of the Administrative Procedures Act.
What does this mean for me?
If you are currently in DACA status, then you can hold on to that status. You can also apply to renew it. We expect that you will be able to apply for and receive advance parole as well (although this is not certain).
However, the Texas court enjoined the approval of new DACA applications. While the government can still accept them, it is barred from approving them at this time. So, if you are eligible for DACA but have not yet submitted an application, or you have a DACA application currently pending, then your application can not be approved unless the ruling is overturned.
What does this mean moving forward?
The government has stated that they will appeal the district court's ruling. That means that a higher appellate court could possibly overturn it, allowing new DACA applications to be approved again. For now, we will have to wait and see.
If you are currently in DACA status or are eligible for DACA, you may also be eligible for other immigration benefits, such as permanent residency (a green card) through marriage to a US citizen. Contact us today at theteam@huwelaw.com or 415-496-9040 to learn more.
TPS Redesignated for Somalia
The Department of Homeland Security has announced that TPS for Somalia will be re-designated through March 17, 2023. So far we do not have details, but we expect that re-registration should be allowed soon.
The Department of Homeland Security has announced that TPS for Somalia will be redesignated through March 17, 2023. So far we do not have details, but we expect that re-registration should be allowed soon.
Need help in re-registering for TPS? Contact us today at theteam@huwelaw.com or 415-496-9040.
TPS Redesignated for Yemen
In good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS, you may have more time to submit your response. Due to the pandemic, USCIS is allowing an extra 60 days of response time for any RFE or NOID received between March 1, 2020 and September 30, 2021.
The Department of Homeland Security has announced that TPS for Yemen will be redesignated through March 3, 2023. So far we do not have details, but we expect that re-registration should be allowed soon.
Need help in re-registering for TPS? Contact us today at theteam@huwelaw.com or 415-496-9040.
USCIS Extends Deadlines for Responding to RFEs, NOIDs
In good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS, you may have more time to submit your response. Due to the pandemic, USCIS is allowing an extra 60 days of response time for any RFE or NOID received between March 1, 2020 and September 30, 2021.
In good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS, you may have more time to submit your response. Due to the pandemic, USCIS is allowing an extra 60 days of response time for many RFEs and NOIDs received between March 1, 2020 and September 30, 2021.
Need assistance with your fiance visa, green card application, or employment visa? Contact us today at theteam@huwelaw.com or 415-548-7067. We are operating fully remotely and are here for you during this challenging time.
Biden Reverses Trump Policy of Green Card Denial Before RFE
In good news for adjustment of status ("green card") applicants, President Biden has announced the reversal of a Trump-era policy of rejecting incomplete applications without first issuing a Request for Evidence (RFE) requesting more information or documentation.
What does this mean for me?
If you are applying for a green card and submit an incomplete application, you will have a chance to correct any omissions at a later time in the process. This is especially helpful for our clients who are unable to obtain a necessary document in time to submit it with their green card application.
Seeking assistance with your green card application? We may be able to help! Contact us today at theteam@huwelaw.com or 415-413-8760 for more information.
Green Card Public Charge Wealth Test Eliminated
We are writing with positive news for adjustment of status green card applicants - the public charge "wealth test" is no longer required as part of the green card process!
We are writing with positive news for adjustment of status green card applicants - the public charge "wealth test" is no longer required as part of the green card process!
The wealth test required USCIS officers to apply a totality of circumstances analysis to determine whether an applicant would be likely to become a public charge in the future. They were directed to review factors such as the applicant's age, health, family status, education and skills, and assets, resources, and financial status. You can find out more about the now defunct rule on our post from September 5, 2019 here: Defunct Rule: Green Card Public Charge Rule.
This totality of circumstances analysis is no longer required. Moving forward, officers are directed to apply the old public charge analysis that was created in year 1999. The old analysis focuses heavily on whether the green card applicant has a valid sponsor, and only allows for minimal discretion by the adjudicating officer.
To learn more and get help with your green card application, please contact us at 415-413-8760 or theteam@huwelaw.com.
A Pathway to Citizenship for Dreamers?
Deferred Action for Childhood Arrivals, or DACA, is a means of getting employment authorization for many in your situation. However, it is not a pathway to permanent residency (a "green card") or US citizenship.
Are you an undocumented "Dreamer" who was brought into the US as a child?
Deferred Action for Childhood Arrivals, or DACA, is a means of getting employment authorization for many in your situation. However, it is not a pathway to permanent residency (a "green card") or US citizenship. Currently there is no such pathway, independent of potential sponsorship by an immediate relative. The Dream Act of 2021 is meant to change that.
Last Thursday, February 4th, Senators Dick Durbin, D-Ill., and Lindsey Graham, R-S.C. introduced this bill in the US Senate. Similar legislation was first introduced in 2001. If passed into law, the bill would give some young, undocumented immigrants brought to the U.S. as children, assuming that they are able to pass certain background checks and are paying their taxes, a pathway to a green card and US citizenship.
It may be a while before we know whether the Dream Act of 2021 will become law. In the meantime, contact us at theteam@huwelaw.com or 415-496-9040 to see if you qualify for DACA or a green card through sponsorship by an immediate relative. We specialize in this area and would be happy to provide a free 15 minute consultation to see if we can help!
Trump Extends Immigrant and Employment Visa Bans
On December 31, 2020, President Trump issued a new proclamation continuing Proclamations 10014 and 10052, which suspend the entry of certain immigrants and nonimmigrants into the United States. The ban has been extended until March 31st, 2021.
On December 31, 2020, President Trump issued a new proclamation continuing Proclamations 10014 and 10052, which suspend the entry of certain immigrants and nonimmigrants into the United States. The ban has been extended until March 31st, 2021.
Will Biden rescind the bans?
It is possible but not guaranteed. The situation is complex, and he may decide to let them reach their natural expirations.
How will this affect me?
If you are seeking an immigrant visa (green card at a consulate) in a preference category, such as the child of a permanent resident, or as the parent of a US citizen, then that visa may not be able to be issued until April. The same is true for certain employment-based visas issued at a consulate.
Need more information or assistance with your green card or employment-based visa application? Contact us today at theteam@huwelaw.com or 415-849-1199.
Immigration Officers Have Discretion When Deciding Green Card Cases
Did you know: Even if you prove that you meet all general legal requirements for eligibility for a green card, the immigration officer deciding your case still has discretion to deny it?
Did you know: Even if you prove that you meet all general legal requirements for eligibility for a green card, the immigration officer deciding your case still has discretion to deny it?
This is a surprise to many green card applicants. And in the San Jose and San Francisco Bay Area where we practice, the use of discretion to deny a green card application has not been common practice thus far. However, recently United States CItizenship and Immigration Services (USCIS) updated their Policy Manual and added consolidated guidance on the issue of discretion. We expect that this new guidance will prompt increased scrutiny and denials moving forward.
The USCIS Policy Manual now states that the adjudicating officer "should review the entire record and give appropriate weight to the negative and positive factors relative to the privileges, rights, and responsibilities of LPR [Lawful Permanent Resident] status. Once the officer has weighed each factor, the officer should consider all of the factors cumulatively to determine whether the positive factors outweigh the negative ones."
So what types of factors will the officer consider when evaluating your case? Some of the biggest factors are:
-Your family ties in the US
-Your history of education and employment in the US, and current US investment or property ownership
-Whether you have any type of criminal history, including arrests or citations (even if those would not otherwise bar you from receiving the green card)
-Whether you have ever violated US immigration laws (even if the conduct would not otherwise bar you from receiving the green card)
Because immigration officers are likely to focus more on these and other additional factors when deciding a green card case, green card approval is becoming more challenging.
How can Hurtubise Weber Law help? Our team has the knowledge and experience to support, guide, and represent you throughout the green card process, to give you the best chance of success. Contact us at theteam@huwelaw.com or 415-413-8760 to get help today!
TPS extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan
Some great news for anyone from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan holding Temporary Protected Status (TPS): USCIS has extended eligibility until October 4, 2021. This means that TPS holders from these countries will remain in status and may apply to extend employment authorization through that date.
Some great news for anyone from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan holding Temporary Protected Status (TPS): USCIS has extended eligibility until October 4, 2021. This means that TPS holders from these countries will remain in status and authorized to work through that date.
Is your TPS scheduled to expire on October 4th? You may have options to remain in the U.S. beyond that date. We specialize in Deferred Action for Childhood Arrivals (DACA) and adjustment of status (green cards) sponsored by family members and employers. Contact us today at 628-877-0197 or theteam@huwelaw.com to see if you may qualify for one of these benefits!
USCIS Immigration Fees will Increase on October 2nd
Beginning on October 2, 2020, USCIS will implement across-the-board fee increases. If you qualify for an immigration benefit, now may be the time to apply.
UPDATE: The U.S. District Court for the Northern District of California has issued a nationwide preliminary injunction enjoining the fee increases described below. The injunction could be lifted at any time. Stay tuned for further updates.
Beginning on October 2, 2020, USCIS will implement across-the-board fee increases. If you qualify for an immigration benefit, now may be the time to apply.
Fees will increase for the benefits below, among others:
N-400 Naturalization: $640 to $1160
I-485 Adjustment for a child under 14 years old: $750 to $1130
I-601A Provisional Waiver: $630 to $960
I-192 Waiver: $930 to $1400
I-751 Petition: $595 to $760
I-765 EAD: $410 to $550
Additionally, all applicants for adjustment of status (an application for a "green card" in the US) will be required to pay separate fees for an I-765 EAD and I-131 travel document. This will result in an increase of more than $1100 in filing fees for adjustment applicants seeking these benefits.
If you believe you may be eligible for an immigration benefit, there is still time to apply before the fees increase. Contact us to get started today at theteam@huwelaw.com or 415-496-9040.
Can a Foreign National Working in the US Apply for Unemployment?
Many of our clients have reached out to ask whether it is okay for them to apply for unemployment during this uncertain economic time. They are understandably worried that doing so could negatively affect their current immigration status or applications for future benefits.
Many of our clients have reached out to ask whether it is okay for them to apply for unemployment during this uncertain economic time. They are understandably worried that doing so could negatively affect their current immigration status or applications for future benefits.
Immigration law is complex and fact dependent. However the good news is that in general a foreign national working in the US can apply for unemployment without triggering negative immigration consequences.
The key is that the foreign national must be eligible for unemployment under all applicable rules where they reside. They must be legally entitled to receive the benefit under federal law, as well as local and state law in their jurisdiction. If this is the case, then applying for or receiving unemployment benefits should not negatively impact current or future immigration applications.
Of course there are caveats and nuances involved. If you are struggling to decide what to do in your specific situation, please contact us at theteam@huwelaw.com or 415-413-8760 to schedule a legal evaluation. We are here to help!
We Support our Essential Immigrant Workers
The U.S. economy is largely built on immigrants. Immigrants make up a significant percentage of workers in a range of industries, including those that are essential during a pandemic.
The U.S. economy is largely built on immigrants. Immigrants make up a significant percentage of workers in a range of industries, including those that are essential during a pandemic.
Over 33% of all farmers, fishermen, and forestry workers are immigrants. Over 3 million immigrants work in the accommodation and food services industries. And more than 4 million immigrants work in the healthcare and social services industries.
To learn more, visit https://www.americanimmigrationcouncil.org/research/immigrants-in-the-united-states?emci=a3df6c49-1b8b-ea11-86e9-00155d03b5dd&emdi=a77d2ecf-bd8b-ea11-86e9-00155d03b5dd&ceid=4520155.
Hurtubise Weber Law stands with our essential immigrant workers, sending gratitude for all that they do.
Can You Apply for a Green Card Next Month? Check the May Visa Bulletin!
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in May.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for May 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in May.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Trump's Executive Order Temporarily Suspending Immigration is Narrowly Tailored
Much has been made of an executive order issued on Wednesday that limits immigration to the US - President Trump and some news media have made the Order into a bigger deal than it is, saying that it suspends all legal US immigration.
Much has been made of an executive order issued on Wednesday that limits immigration to the US - President Trump and some news media have made the Order into a bigger deal than it is, saying that it suspends all legal US immigration.
In reality, the Order is narrowly tailored. It suspends the issuance of immigrant visas at consulates abroad, for 60 days. Period.
The Order applies only to intending immigrants (versus nonimmigrants) who are currently abroad. It includes exceptions for the spouses and children under 21 of US citizens, immigrants coming to work in health care professions and other jobs that help address COVID-19, EB-5 foreign investors, military members and their spouses and children, anyone whose entry is deemed to be in the national interest, and several other categories. It does not affect those requesting issuance of a nonimmigrant visa, such as an H-1b or B1/B2 visa.
The Order does not affect anyone currently here in the US seeking adjustment of status (a "green card") or a change or extension of status (for example from an F-1 to an H-1b visa).
USCIS and the Department of State will continue to process applications as usual, with the caveat that no new immigrant visas will be issued for the next 60 days. If you are seeking assistance with a green card or employment-based visa, please contact us today. We are here for you!
New Immigration Green Card Public Charge Rule Takes Effect on February 24th, 2020
A new government regulation that will affect green card applicants takes effect on February 24th, 2020. Here is what you need to know.
A new government regulation that will affect green card applicants takes effect on February 24th, 2020. Here is what you need to know.
Under immigration law, in general someone who is deemed likely to become a "public charge" is barred from receiving a green card.
What is a public charge?
The current rule defines a public charge as someone likely to become primarily dependent on the government for income support. The new rule redefines a public charge as a person likely to receive "public benefits" for more than 12 months over any 36-month period in the future.
What are considered "public benefits" under the new rule?
Any federal, state, local, or tribal cash assistance for income maintenance (e.g. SSI, TANF), federal, state, and local cash benefits programs for income maintenance, SNAP, Section 8 housing and public housing under Section 9, and Medicaid (with certain exceptions).
How will the government determine whether someone is likely to receive public benefits for more than 12 months over any 36-month period in the future?
A totality of circumstances test will be used. Factors considered will be age, health, family status, education and skills, and assets, resources, and financial status, taking into account a broad range of positive and negative factors. Heavily weighted negative factors will include receipt of public benefits in the past (but after the date the rule goes into effect). Heavily weighted positive factors will include having a high household income (at least 250% of the federal poverty level) and having private health insurance.
Will this change mean more paperwork?
Yes. There will be additional paperwork required in order for the government to assess the likelihood of a green card applicant becoming a public charge.
Implementation of the new rule will be messy. Contact us today for expert assistance at 415-413-8760 or theteam@huwelaw.com.
A Petition for Alien Relative Can Now be Filed Online
USCIS announced last week that petitioners can now file a Petition for Alien Relative (the first step in sponsoring a relative for a "green card") online.
This is significant for cases where the green card process needs to be done in two steps, and may help to avoid government errors and to decrease wait times.
Please contact us at theteam@huwelaw.com or 415-496-9040 to learn more about green card sponsorship.
TPS Extended for El Salvador through January 4, 2021
The Trump administration has announced that it is extending the validity of TPS work permits for Salvadorans with TPS through January 4, 2021. In addition, it will provide Salvadorans with TPS "an additional 365 days after the conclusion of TPS-related lawsuits to repatriate to their home country."
Do you have TPS? Find out whether you are eligible to apply to adjust status (apply for your "green card"). Contact us today at theteam@huwelaw.com or 415-413-8760.
